Elie Mystal is a lib lawyer. But he understands the enormity of the GOP justices eviscerating Roe. He's been critical of Biden's inaction and he has been suggesting radical solutions. Last week he tweeted out a simple way for Biden to use an executive order to stop the Texas anti-abortion law.
I edited it for clarity.
Texas wants to get cute with the law, fine. Let's play:
The Texas enforcement mechanism has citizens suing abortion providers, but qualified immunity protects government officials from being sued for carrying out official functions. So - all Joe Biden has to do is establish, by executive order, federal "privacy protectors" who are ordered to provide constitutionally protected services in Texas. Like the vaccine distribution BUT FOR ABORTION.
These people couldn't be sued because of qualified immunity.
PROBLEM SOLVED, YOU'RE WELCOME.
You get around the Hyde Amendment by making abortions free, of course. And only paying the privacy protectors for their counselling services. Any medical procedure they'd have to do out of their own pocket which I'm sure we could privately fund.
———
He tweeted the following today. I don't have any idea at all what "increased" means. A few more missives? A dozen? Dozens? Still, it's fascinating...
Me: Interesting that the amount of hate I'm getting online and in my inbox has increased a lot since people started noticing my abortion takes.
Wife: Is it though?
Me: I mean from "democrats" too.
Wife: Are they men?
Me: Yeah.
Wife: ...
Me: Yeah.
What is the source of this upsetting gif of Biden? Is it real?
In 2020 Biden had been campaigning from home because of covid. Somebody made the gif. It was tweeted and and then Trump retweeted it. For about a week it the situation was a big deal for the libs. They were complaining about "deep fakes" influencing politics. If I remember correctly - David Frum wrote an article about it.
You get around the Hyde Amendment by making abortions free, of course.
I mean, fuck Joe Biden but if you think the Dems have any interest in giving people even the smallest drops of free healthcare, then honestly you're a lib (the lawyer who wrote this I mean, not you OP). Even if the Dems were ok with everything else in here, they will absolutely not give us anything close to free healthcare, even just individual procedures in specific circumstances.
It also is kind of an open question how committed Biden actually is to abortion and women's rights. I think he is at best ambivalent and at worst actually secretly anti-abortion.
at worst actually secretly anti-abortion.
He could be a Catholic fundie. In fact - I wouldn't be surprised if that was the case and he kept everything top secret for political reasons.
I googled... He became a senator when he was 29 in 1973. And ~3 weeks after he was sworn in - Roe was decided.
he also voted to let states decide on abortion rights during a tense vote in the... I wanna say 1980s
https://www.nytimes.com/2019/03/29/us/politics/biden-abortion-rights.html
yeah 1981
An added benefit of this would be putting courts in a position where the easiest way to invalidate the order would be chipping away at qualified immunity.
Law is a promising area for getting libs to give up their faith in institutions. The federal judiciary is obviously a farce at this point, it's easy as shit to attack the constitution as some sacred cow when most of the founders owned slaves, and there are whole schools of established legal scholarship that amount to "you can pull virtually any meaning you want out of a law under the right circumstances." There's also increasing visibility of the idea that, historically, the Supreme Court has largely held back social progress, not advanced it. And of course court packing has resurfaced as a semi-legitimate talking point in mainstream politics, something that would have been unbelievable even five years ago.
court packing
Biden's bipartisan Presidential Commission on the Supreme Court is scheduled to release their six month study the middle of next month. He'll probably do some of what they suggest and it'll be fucking awful.
The GOP justices created a travesty of justice and they gave a middle finger to the dems and to democracy itself. The cherry on top of his triceratops-size turd sundae is that they did it so via a press release-like maneuver by using the shadow docket. There wasn't even a pantomime of having arguments and the rest of the procedural nonsense. The justices just went ahead and did it because they could. They don't give a single fuck.
But there's still a zero percent chance Biden packs the court. I give it another few weeks and there will start to be "What you can do about Roe" articles in lib media. Really? The average person is utterly powerless. Other than SATIRE (PARODY) the GOP justices.
The entire situation is absolute and utter idiocy.
The GOP justices
They're only there because the Democrats ordered the media to cover Trump.
The media obeyed.
You see why having a lapdog press is bad now?
Would Joe appoint conservative replacement judges?
He might make it a 5-4 liberal majority. But imagine Breyer died in 2023. The court would be 4-4 because the GOP wouldn't allow Biden to nominate a replacement. And then in 2024 President Ghoul (some GOP) would put a fascist onto the court and then it would be a 5-4 right-wing court. And then the liberal justices would die in misadventure. Stuff like falling down the stairs, getting electrocuted, a freak accident in the shower, getting in a car wreck and then accidentally shooting themselves in the back of the head three times.
And then the court would be 9-0 for the fascists.
That's it, someone get me a spoon, vision is overrated.
consider changing the language of this
To what?A question for anybody: change it to what?
Under this law there no exceptions for rape or incest. So a 13 year old girl... by her dad... you know. I don't think mild phrasing is enough.
biden’s admin
They're not going to do a thing. The dems are going to fundraise and campaign on abortion for the elections.
just a friendly suggestion bc comrades have mentioned it was triggering.
In the context of the GOP horror of what is occurring - if you were my editor - what would you suggest I change it to?
i really didnt mean to take the platform on this , i see where you're coming from like i said i just saw a bunch of people mention how allusions to SA on here were uncomfortable.
if it were me I would either just CW it or say "violating" or call it gop's attack on roe.
it may be fine. i probably shouldn't have said anything my bad, comrade
What you said is is fine. But I wish there was a comma here: "my bad comrade". I'll edit it - I guess I'll use "destroy" or similar.
I liked it when I was a liberal and I didn't have to compromise. But the far greater problem was that I was a liberal.
